DEC Decision Notice

ArchTec (IOM) Ltd Architectural Design Consultants Mr Martyn Hobson Architectural Studio 7 Olafs Close Douglas IM2 7AR

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by JSK Property Ltd, Ref 23/01331/B, for the Alterations to approved garage (PA 23/00429/B): Erection of detached garage with ancillary living accommodation over & expansion of existing driveway at Langdale House Lower Dukes Road Douglas Isle Of Man IM2 4BQ .

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

• 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• 2. The garage hereby approved shall only be used in association with the main dwelling house "Langdale House" and for purposes incidental to the use of main dwelling house "Langdale House" as a single dwelling and only in accordance with the internal layout shown on plan 1643 - G2 received on the 15th November 2023.

Reason: The application does not propose to create separate units of accommodation within the site and has not been considered as such; and avoiding any future fragmentation of the curtilage

• 3. The existing trees and hedges shall be retained in accordance with the approved details. Any retained tree or hedge which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Planning Authority, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Planning Authority. Reason: To safeguard the appearance of the development and the surrounding area.

• 4. No development may be commenced nor any equipment, machinery or materials be brought onto the site for the purposes of the development until fencing has been erected in the location shown on the approved site plan TP-171123 in accordance with the recommendations of Section 6.2.2 of British Standard 5837:2012. The fencing shall be maintained in position until the development is complete. Within the Construction Exclusion Zone implemented in accordance with this condition, nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit, without prior written consent of the Department. The CEZ implemented in accordance with this condition shall be maintained in position until the development is complete.

Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period in the interests of amenity.

This decision relates to the following plans and drawings, date stamped received on 15th November 2023;

• o Location Plan
• o Site Plan
• o Drawing No. 1643-C2
• o Drawing No. 1643-G2
• o Arboricultural Impact Assessment
• o Drawing No. PP-171123 Rev A
• o Drawing No. T1-171123
• o Drawing No. TP-171123
• o Drawing No. TS-161123

This decision also relates to drawing No. PP-17123 Rev A dated received 17th January 2024 which shows the proposed tree planting.

This decision has been made for the following reasons(s) It is considered the proposed would have no significant adverse impacts upon private or public amenities and therefore would comply with General Policy 2 of the Isle of Man Strategic Plan.

Date of Issue: 6th February 2024

J CHANCE Director of Planning and Building Control

Guidance Note

This decision was made by the Acting Head of Development Management in accordance with the authority delegated to them.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Implementation The decision does not become final until either

•  Any appeal has been concluded; or
•  21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:

•  the grounds for making the appeal;
•  payment of the planning appeal fee (currently £335); and
•  if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £125). Where the appeal is submitted by the applicant they must:
•  specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
•  Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application (should one have been received) may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.